U.S. support for local security forces has an important role to play in
combating terrorism and preventing instability, but we need to address the
long-term risks of providing military and financial assistance to forces
known to be engaged in political repression or gross violations of human
rights. If confirmed, how will you work to ensure these risks are
seriously considered, and that the restrictions imposed by
the Leahy Law
and Section 502B of the Foreign Assistance Act are consistently followed
and treated as binding law? If confirmed, how will you seek to improve
vetting of foreign military units before they receive U.S. security
assistance?

Answer:

Implementation of relevant laws in this area, such as the Leahy laws,
is a significant step in promoting human rights and democracy. U.S.
assistance provided to foreign security forces should not support
individual units that have engaged in gross violations of human rights;
and the U.S. should seek ways to leverage its assistance to encourage host
governments to prevent such violations and to hold persons accused of such
violations accountable for their actions.

The Leahy laws have been an important tool in helping to ensure that
U.S. taxpayers are not underwriting atrocities. But I also believe that it
can be used even more effectively. The law does not simply prohibit aid
from going to units credibly alleged to have committed gross human rights
violations. The law has also directed the USG to help end impunity by
encouraging governments that receive our aid in bringing the perpetrators
of those violations to justice.

Concerning section 502B of the Foreign Assistance Act (FAA), I believe
that there is a bipartisan recognition that a country that engages in a
consistent pattern of gross violations of internationally recognized human
rights ultimately undermines the respect for the rule of law and
international norms that are at the heart of both human rights and
security. Stability, trade, efforts to combat terrorism, and drug
trafficking and other important policy goals of the U.S. are all
undermined by consistent violations of human rights. If confirmed, I will
seek to strengthen DRL’s coordination with Department of State
embassies, regional bureaus, PM, and INL to ensure that human rights
provisions in the FAA, such as the Leahy provision and section 502B, are
consistently implemented. My goal is to ensure that Department policy and
procedure are reviewed and refined. To that end I will be looking closely
at Leahy law implementation and other forms of security assistance
cooperation such as munitions exports.

Consistent effective vetting of individual security force units is a
vital aspect of successfully implementing U.S. policy. And to do this
properly requires adequate resources. I am therefore very pleased that the
Congress recognized the need for resources to fund vetting and other
monitoring activities. The Department of State is currently funding
development of a new worldwide human rights vetting database called
International Vetting Security Tracking (INVEST). This new database will
be used to conduct and coordinate Leahy vetting worldwide, help the
Department to maintain records of all vetting, and help reduce the
administrative personnel burden of Leahy vetting by negating the need to
communicate via telegram. In addition to making Leahy vetting less
burdensome, this database will centralize records of Department of State
human rights vetting activity. Many analyses both within and from outside
the government have documented the immense challenges in having
consistent, effective, and fully implemented vetting. If confirmed, I will
work closely with my colleagues in other bureaus and other departments to
ensure there is effective and consistent monitoring that produces timely
and accurate information.

One important aspect of addressing human rights abuses is holding those
responsible for such abuses accountable. Over the past decade, Indonesia
has made progress on human rights issues, and the bilateral relationship
between the U.S. and Indonesia has strengthened significantly. However,
there remains a climate of impunity for those involved in human rights
abuses in East Timor and elsewhere, as was particularly apparent during
the recent presidential election, when relatively little attention was
given to the historical involvement of vice-presidential candidates
Prabowo and Wiranto in the Indonesian military and Kopassus special forces
unit at the height of human rights abuses. If confirmed, how will you
raise the issue of accountability for previous human rights abuses,
particularly in bilateral relationships where progress is being made and
pressure for good bilateral relations is strong? If you are confirmed,
will you recommend the administration continue to restrict FMF or IMET
funds for the Kopassus Special Forces unit in Indonesia?

Answer:

It is important to address the past, and to create effective
accountability mechanisms, as a key to moving forward. I share your
concerns that Indonesia has not taken adequate measures to hold
accountable those who perpetrated human rights abuses in the past,
particularly with regard to those named by the UN for abuses in Timor-Leste
in 1999, but also for those credibly accused of human rights abuses in
Papua and Aceh. If confirmed, I will press for progress on bringing the
accused to account.

DRL plays a key role in ensuring compliance with the Leahy laws which
apply to State assistance and DOD training of foreign security forces
units such as the Indonesian Special Forces Kopassus. I will work to
ensure that these provisions are implemented with respect to U.S.
assistance for Indonesia.

If confirmed, I will raise these concerns with my Indonesian
counterparts, and urge other senior U.S. officials to do so as well. I
look forward to working with you to advance human rights and democracy in
Indonesia.